1860 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



dealing with these two things (I will show this again later on). 

 They are dealing with the coast line limit of jurisdiction and the 

 bays. 



On the opposite page (p. 56) Mr. Jefferson is discussing with 

 M. Genet, the Minister of France, this very question of coast limits, 

 and he goes on to say : 



" I have now to acknowledge and answer your letter of September 

 13, wherein you desire that we may define the extent of the line of 

 territorial protection on the coasts of the United States, observing 

 that Governments and jurisconsults have different views on this 

 subject. 



"It is certain that, heretofore, they have been much divided in 

 opinion as to the distance from their sea coasts, to which they might 

 reasonably claim " 



And then he goes on to say that some say 1 league, others say 3 

 leagues; and then he says that for the present he would take 



"one sea-league, or three geographical miles from the sea shores." 

 Now mark the next sentence : 



"Future occasions will be taken to enter into explanations with 

 them, as to the ulterior extent to which we may reasonably carry our 

 jurisdiction. For that of the rivers and bays of the United States, 

 the laws of the several States are understood to have made provision, 

 and they are, moreover, as being landlocked, within the body of the 

 United States." 



1125 That is the same passage that I read before. But my friend 

 Sir Robert Finlay has been good enough to remind me that it 

 ought not to be read by itself; it must be read in contrast with what 

 precedes, and then it gains a double force, because what precedes is 

 exactly what we have been discussing so much the general coast line. 

 Now, says Mr. Jefferson, we may settle the general coast line at 1 

 league, 2 leagues we will try to come to some agreement about that : 

 and then goes on, leaving the general coast line as far as bays are 

 concerned that is, outside the coast line altogether. And therefore 

 each State of the United States has made the proper provision. 

 They are landlocked, they have nothing to do with the coast line. So 

 that enables me to meet the point contained in the question : 



" Is it probable or not that the Americans, in renouncing the right 

 of fishing within 3 miles of any of the coasts, bays, harbours and 

 creeks, intended to distinguish, for the first time, coasts and 

 bays . . .?" 



I say they did not intend to distinguish for the first time between 

 coasts and bays in 1818; because here in 1793 they are distinguishing 

 between coasts and bays in the most explicit and particular manner, 

 saying: "Fix what limit you like for coasts; but as far as bays are 

 concerned they are a totally different thing they are landlocked. 



